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Patna High Court

Champa DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to verification of her antecedents and compliance with the conditions under Section 482(2) of the B.N.S.S.

Summary

Champa Devi, a woman with no prior criminal record, sought anticipatory bail after the police alleged that 35 litres of liquor were recovered from her joint family house and that she was implicated based on her husband’s confessional statement made in custody. The petitioner argued that she had no conscious possession of the liquor, the property was jointly owned, and the amended 2018 Excise Act had abolished the doctrine of deemed possession and presumed offender. The State opposed the bail, contending the allegations warranted arrest. The court, noting the lack of direct evidence, the petitioner’s clean antecedent, and the inadmissibility of the husband’s statement, granted provisional anticipatory bail subject to a Rs.500 bond, two sureties, and verification of her criminal antecedents by the trial court. The order stipulated that if any antecedent is discovered, the bail would be revoked, otherwise it would be confirmed.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances?
  • Does the confessional statement of the husband, made in police custody, constitute admissible evidence for implicating the petitioner?
  • Has the amendment to the Bihar Prohibition and Excise Act, 2022, eliminated the concept of deemed possession, affecting the charge against the petitioner?

Legislation cited

Subjects

  • anticipatory bail
  • liquor possession
  • Bihar Prohibition Act
  • joint family property
  • confessional statement
  • clean antecedent
  • deemed possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37484 of 2026
                   Arising Out of PS. Case No.-40 Year-2026 Thana- BHAGWANPUR District- Begusarai
                 ======================================================
                 Champa Devi W/o Lalan Chaudhary R/o vill - Ataruaa, P.S.- Bhagwanpur
                 (Tiyay), Distt.- Begusarai

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Randhir Kumar No 1
                 For the Opposite Party/s :      Mr. Jagdhar Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-06-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends her arrest in a case

                   registered for the offence punishable under Sections 30(a),

                   30(b), 30(c) of Bihar Prohibition and Excise Amendment Act,

                   2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is a woman and

                   allegation is of recovery of 35 litres of liquor from house of the

                   petitioner. It is next submitted that petitioner was not arrested

                   from the spot as such nothing was recovered from her conscious

                   possession and the house in question is a joint family property

                   as such it cannot be alleged with certainty that it was petitioner,

                   who had kept the liquor in the house or the liquor kept in the
Patna High Court CR. MISC. No.37484 of 2026(2) dt.17-06-2026
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          house was within his knowledge and after amendment in the

          Excise Act in the year 2018, the concept of deemed possession

          and presumed offender has been done away with and she came

          to be implicated based on confessional statement of her husband

          Lalan in police custody which does not have any evidentiary

          value.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of her arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.500/- (Rupees five hundred) with

          two sureties of the like amount each to the satisfaction of the

          learned trial court where the case is pending/successor court in

          connection with Bhagwanpur P.S. Case No.40/2026, subject to

          the conditions as laid down under Section 482(2) of the

          B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had
             Patna High Court CR. MISC. No.37484 of 2026(2) dt.17-06-2026
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                       concealed her antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner is a person with clean

                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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